DOMINICAN REPUBLIC - RESPONSE FOR CHILD LABOR

UNCLAS SANTO DOMINGO 000206 SIPDIS DOL/ILAB FOR TINA MCCARTER DRL/ILCSR FOR TU DANG E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM SOCI USAID DR SUBJECT: DOMINICAN REPUBLIC - RESPONSE FOR CHILD LABOR INFORMATION REF: A. 08 STATE 127448 ¶B. 08 SDO 887 ¶C. 07 SDO 2697 ¶1. The following information is Post's response to Reftel A request for information for the Trade and Development Act 2008 Report and follows the same question and answer format as the original request. A) Laws and regulations proscribing the worst forms of child labor. What laws have been promulgated on child labor in the country? RESPONSE: In 2004, the Dominican Republic passed law 136-03, which established that children have the right to protection from economic exploitation. This law states that the protection falls under the responsibility of the State through the National Council for Children and Adolescents (CONANI). What is the country's minimum age for admission to work? RESPONSE: Labor Code 16-92 prohibits employment of children younger than 14 and places restrictions on employment of children under age 16. Labor Code 16-92 Article 245 sets the country's minimum age of employment. Are there exceptions to the minimum age law? RESPONSE: No, but children between the ages of 14 and 16 can only work hours that do not interfere with their schooling. What is the minimum age for admission to hazardous work, and additional provisions has the country enacted regarding children's involvement in hazardous work? RESPONSE: Those under age 18 are prohibited from working in hazardous conditions and in establishments serving alcohol. They also may only work limited hours in the nighttime. What laws have been promulgated on the worst forms of child labor, such as forced child labor and trafficking or child prostitution and pornography? RESPONSE: Article 25 of the Labor Code prohibits forced labor, child prostitution and child pornography. The government passed an additional law in 2007 criminalizing the electronic dissemination, sale and/or purchase of child pornography. Please specify what worst forms are prohibited and describe penalties for violations. RESPONSE: Commercial sexual exploitation, dangerous agricultural work, urban work, domestic work outside of their own home, trafficking in persons and contraband. What is the country's minimum age for military? RESPONSE: The minimum age to join the military is 16 years old. If the country has ratified ILO Convention 182 on the Worst Forms of Child Labor, has it developed a list of occupations considered to be worst forms of child labor, as called for in article 4 of the Convention? RESPONSE: The country has ratified Convention 182. The government passed resolution 52-2004 that lists occupations that are considered to be the worst forms of child labor. B) Regulations for implementation and enforcement of proscriptions against the worst forms of child labor. What legal remedies are available to government agencies that enforce child labor and worst forms of child labor laws and are they adequate to punish and deter violations? RESPONSE: The possible imprisonment for commercialization of children is between 20 and 30 years and fines from 100 to 150 times the minimum wage. In cases of sexual exploitation and child pornography, the possible imprisonment is between 3 and 10 years and fines from 10 to 15 times the officially established minimum wage. The government effectively enforces these regulations in the formal sector, regulations have proved inadequate in deterring child labor in the informal sector, which lies beyond regulatory reach. To what extent are violations investigated and addressed? RESPONSE: The Secretariat of Labor (SET) investigates complaints, and the government actively prosecutes cases it receives from these investigations. Due to lengthy investigation and trial procedures, cases almost never see sentencing within a year of the investigation's initiation. What level of resources does the government devote to investigating child labor and worst forms of child labor cases throughout the country? RESPONSE: In the implementation of the International Plan to Eliminate Child Labor, the International Labor Organization (ILO) and the SET have jointly committed to $4.93 million dollars annually. The first phase of this program ran between 2002 and 2006. The second phase runs from 2006 to 2009 and officially launched in March of 2008. ILO signed an agreement with the government in May 2008 to advise and assist the government in its efforts to eliminate the worst forms of child labor in a program known as the Solidarity Program. The program aims to implement an intensive and permanent campaign to educate children, parents and families on the effects of the worst forms of child labor. How many inspectors does the government employ to address child labor issues? RESPONSE: Within the SET, there are about 20 inspectors working directly on this issue within the total of 191 labor inspectors. How many police or other law enforcement officials address worst forms of child labor issues? RESPONSE: In the judicial sector nationally, the Coordinator of Children and Adolescents has 33 district attorneys charged specifically with addressing issues of the worst forms of child labor. How many child labor investigations have been conducted over the past year and how many have resulted in fines, penalties, or convictions? RESPONSE: In the past year, the government has conducted and completed about 30 cases, but those cases are still awaiting imposition of fines. How many investigations into worst forms of child labor violations have resulted in prosecutions and convictions? RESPONSE: There are about 10 continuing investigations. Has the government provided awareness-raising and/or training activities for officials charged with enforcing child labor laws or worst forms of child labor laws? RESPONSE: Yes, through CONANI and the programs created through the SET, they have conducted activities with various NGOs such as Boys and Girls with Don Bosco. Through the ILO, a total of 52 training workshops were held. Likewise, the SET together with the ILO have offered targeted programs to combat the sexual exploitation of minors in popular tourist destinations. The government has also posted notices about the dangers of the sexual exploitation of minors in airports. C) Whether there are social programs specifically designed to prevent and withdraw children from the worst forms of child labor. What initiatives has the government supported to prevent children from entering exploitive work situations, to withdraw children engaged in such labor, and to advocate on behalf of children involved in such employment and their families? RESPONSE: As a part of the government initiatives generated by the ratification of Convention 182, the government created the National Directive Committee for the Elimination of Child Labor (CDN). Following a 1997 presidential decree, the CDN is to remain a presidential committee within the SET. The government has also implemented concentrated campaigns together with UNICEF to prevent children from entering exploitive work situations. DevTech systems also recently completed a project that removed 3,700 children from exploitative working conditions. D) Does the country have a comprehensive policy aimed at the elimination of the worst forms of child labor? Does the country have a comprehensive policy or national program of action on child labor or specific forms of child labor? RESPONSE: Yes, through the SET, they implement the National Program for the Prevention and Elimination of Child Labor. Does the country incorporate child labor specifically as an issue to be addressed in poverty reduction, development, educational or other social policies or programs? RESPONSE: Yes, through the working policies of CONANI and other institutions such as Public Health and NGOs such as the ILO and DevTech. If so, to what degree has the country implemented the policy and/or program of action and achieved its goals and objectives? RESPONSE: The policies have been implemented to a high degree, and the government continues to work actively with civil society and with the media to develop and implement prevention campaigns targeting the country's youth. Is education free in law and practice? Is education compulsory in law and practice? RESPONSE: Education is free and compulsory through the 8th grade. Regardless, legal mechanisms provide only for primary schooling, which was interpreted as extending through the 4th grade. Another concern is the high number of children lacking documentation and the government's current practice of denying documentation to children whose parents are suspected of being foreigners. Such children without documentation can legally attend school only through the 5th grade. In practice, however, such children are limited to the 4th grade due to national examinations requiring documentation following the 4th grade. E) Is the country making continual progress toward eliminating the worst forms of child labor? What are the specific sectors/work activities/goods in which children work and how has this changed over the past year? RESPONSE: The country has continuing programs to eliminate child labor and the incentives thereto. Through programs and sectors mentioned in previous responses herein, it appears that child labor has continued to see a reduction in practice both in urban areas and as domestic workers. These children are primarily from poor economic classes, with ages between 5 and 14, and with hardly a basic education. Please also note Reftel B, which contains Post's detailed response regarding goods which may have been produced with child or forced labor. As noted in last year's report, there has not been a comprehensive, focused study on the number of child laborers in the Dominican Republic since 2000. The Central Bank statistics department has semi-annual reports available through the following link. http://www.bancentral.gov.do/estadisticas.asp ?a=Mercado de Trabajo According to the 2000 National Survey of the Labor Force (ENTI) 41 percent of working children can be found in services, following by trade (21),agriculture (19), manufacturing industries (11) and other (8). Post has not encountered cases of children working in slavery, practices similar to slavery, debt bondage, serfdom or forced compulsory labor. Government and non-governmental organizations state that minors are likely trafficked internally for sexual exploitation, but neither the government nor NGOs have been able to demonstrate concrete cases of trafficking. BULLEN